2 total
The court granted the accused's bail review, finding that new evidence of a rehabilitation plan rebutted the reverse onus.
M.L. sought a bail review after being detained by a Justice of the Peace on charges including CDSA, weapons, and ammunition offences.
The review considered new evidence, such as M.L.'s personal history of trauma and addiction, her recent commitment to recovery programs (Suboxone, AA, NA, Bible study, yoga), and the support offered by the John Howard Society for housing and supervision.
The court found that this new evidence, which was not available at the initial bail hearing, materially ameliorated the flight risk and the risk of re-offending, thereby rebutting the reverse onus for release.
Bail was granted with conditions focused on supervision, rehabilitation, and non-communication with a co-accused.
A defendant's application for a stay of proceedings and costs due to late disclosure in a speeding case was dismissed.
The defendant was charged with speeding under section 128 of the Highway Traffic Act.
She brought an application under section 24(1) of the Canadian Charter of Rights and Freedoms alleging violations of sections 7, 11(b), and 11(d) due to the Crown's failure to provide timely disclosure.
The defendant sought either a stay of proceedings or an adjournment, along with costs.
The Crown's delay in providing disclosure was attributed to staffing changes in the Office of the Prosecution.
The court found that the delay constituted a mistake rather than an unacceptable degree of negligence, and that no Charter rights were engaged.
The court applied the presumptive ceiling of 14 months for Part 1 Provincial Offences Act matters and found the total elapsed time of 7 months was well below the threshold.
The application for costs was dismissed, and an adjournment to trial was granted.
